THE HONOURABLE SRI JUSTICE K.SURENDER AND THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL APPEAL Nos.445, 500 and 501 of 2020 COMMON JUDGMENT: (Per Hon’ble Sri Justice K.Surender These Criminal Appeals are preferred by accused No.1 and the complainant, aggrieved by the judgment dated 18.09.2020 in S.C.No.342 of 2016, on the file of the Additional Metropolitan Sessions Judge, Cyberabad, L.B.Nagar, Ranga Reddy.

2. Criminal Appeal No.445 of 2020 is preferred by accused No.1 questioning his conviction under Section 302 of IPC. Criminal Appeal Nos.500 and 501 of 2020 are preferred by the de facto complainant/mother of the deceased, questioning the acquittal of accused Nos.2 and 3.

3. Heard learned counsel for the appellant/accused No.1 in Criminal Appeal No.445 of 2020, appellant/complainant in Criminal Appeal Nos.500 and 501 of 2020 and Sri Arun Kumar Dodla, learned Additional Public Prosecutor for respondent No.1-

State in all the criminal appeals. Perused the record.

4. The case of the prosecution is that the accused No.1 was married to Reetu Sareen (hereinafter referred to as ‘the deceased’), on 30.04.2013. At the time of marriage, cash of Rs.5,00,000/-, gold ornaments, household articles, etc., were given as dowry. The deceased was working as Air Hostess and continued her job even after the marriage. A son was born to the couple during November, 2014. The allegation against the accused No.1 is that he was harassing the deceased, along with his mother/accused No.2 (acquitted accused). PW.1 is the mother of the deceased, PW.2 is the father of the deceased, and PW.3 is the sister of the deceased. All three of them have stated about the harassment of the deceased by the accused for additional dowry.

5. The incident happened on 19.04.2015. The accused No.1 called PW.1 on phone and informed her that the deceased was facing difficulty in breathing. Both PWs.1 and 2 went to the house of the accused No.1 at Ramanthapur. The deceased and the accused No.1 had shifted to the house at Ramanthapur, 10 months prior to the incident. When PWs.1 and 2 went to the house of the accused No.1, they were informed that she was shifted to Matrix Hospital at Ramanthapur, and the deceased was declared as dead. PWs.1 and 2 observed that blood was coming out of the nostrils of the deceased, and they suspected that the death was homicidal. Accordingly, a complaint was lodged with the police on 20.04.2015, at 10.00 A.M. Having received the Telugu written complaint, the Inspector of Police/PW.19, who was the then Assistant Commissioner of Police, Malkajgiri Division, took up investigation.

6. PW.19 went to the scene of offence, and also proceeded to the mortuary of the Gandhi Hospital, where the dead body of the deceased was lying. Having concluded the inquest in the presence of the independent witnesses, the body was sent for post-mortem examination. Initially, the post-mortem examination was conducted on the same day, i.e., on 20.04.2015 by PW.16. PW.19 again gave a requisition for re-post-mortem examination. Accordingly, the second post-mortem examination was done on 21.04.2015. The external injuries and internal injuries that were found on the body of the deceased are as follows:

“External Injuries:

1. Abrasion of 1/2 * 1 cm was present over left zygomatic area of cheek, brownish red in colour.

2. A vertical abraded contusion of 4 * 3 cm was present over left temple area brownish red in colour.

3. Contusion of 7 * 5 cm was present across the nose on both sides.

4. Contusion right zygomatie area was present in an area of 5 * 2 cms.

5. Multiple ant-bite marks were present at various places like feet, shoulder and abdomen which are post mortem in nature.

Internal Injuries:

6. Contusion of scalp over middle and back of the head more towards left occipital was present in an area of 10*6 cm brownish red in colour.

7. Beneath the injury there is a corresponding contusion of 7*5 cm on occipital bony proper.

8. Sub arachnoid Hemorrhage of 13 x 11 cm was present over left occ